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In a pursuit upon a bargain for buying of lands, one of the parties dying before any writ was made, albeit none of the parties resiled therefrom in their lifetimes, and albeit some things were done betwixt the parties, in contemplation of the bargain to have been perfected; yet found the bargain by the death of any one of the parties ceases, and either party hath action, as the law may yield, against those who represent the defunct, for restoring of any thing which their predecessors received from the other, with the party's interest thereby.
Act. Stuart & Aiton.Alt. Nicolson.Clerk, Hay.
Fol. Dic. v. I. p. 560. Durie, p. 406.
